Programmed Industrial Maintenance Pty Ltd

[2025] FWCA 2679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2025/1780)

PROGRAMMED INDUSTRIAL MAINTENANCE EAST SWANSON DOCK (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER MIRABELLA	MELBOURNE, 12 AUGUST 2025

Application for approval of the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2025

An application has been made for the approval of an enterprise agreement known as the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Programmed Industrial Maintenance Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model consultation term can be found in Appendix C of the Agreement.

I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

Clause 10.6 – Casual Conversion
Clause 27.1(b) – Personal Leave
Clause 11.4(b) – Notice of Termination by Employee
Clause 11.7 – Summary Dismissal

The Agreement contains a NES precedence clause in clause 8.2. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Appendix B of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union (MUA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the MUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Programmed Industrial Maintenance Pty Ltd and their employees, who were members of a union. The dispute centred around the approval of a proposed enterprise agreement, specifically the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2025. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The key legal issues that the Commission was required to determine were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the Commission needed to ensure that the agreement did not adversely affect the employees' terms and conditions of employment and that it was fairly and properly negotiated. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the provisions of the Fair Work Act relating to the protection of employees' rights.

In delivering its decision, the Commission noted that the proposed enterprise agreement had been negotiated in good faith and that it contained provisions that were in the best interests of the employees. The Commission found that the agreement did not adversely affect the employees' terms and conditions of employment and that it provided for appropriate dispute resolution mechanisms. The Commission also noted that the agreement complied with the provisions of the Fair Work Act relating to the protection of employees' rights. Having considered all of the evidence and arguments presented, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered on the date of the Commission's decision and would be in effect for a period of five years. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that copies of the agreement be provided to the parties and their relevant representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established